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HARBORS AND NAVIGATION ACT 1993 - SECT 50

HARBORS AND NAVIGATION ACT 1993 - SECT 50

50—Cancellation of boat operator's licence by CE

        (1)         If the holder of a boat operator's licence—

            (a)         is shown by the findings of the Court of Marine Enquiry or a court or tribunal with similar powers under the law of some other place to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or

            (b)         is convicted of an offence showing the holder of the boat operator's licence to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or

            (c)         is disqualified from holding a qualification equivalent to a boat operator's licence (however described) under the law of another place, or

            (d)         is shown to have suffered mental or physical incapacity rendering the holder incapable of satisfactorily operating a vessel or performing duties pursuant to the boat operator's licence,

the CE may, by notice in writing given to the holder, cancel the boat operator's licence and disqualify the holder from again holding a boat operator's licence for a specified period or until further notice.

        (2)         If the holder of a qualification under the law of some other place—

            (a)         is convicted of an offence showing the holder of the qualification to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or

            (b)         has been found by the Court of Marine Enquiry or a court or tribunal with similar powers under the law of some other place to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation, or

            (c)         is shown to have suffered mental or physical incapacity rendering the holder incapable of satisfactorily operating a vessel or performing duties pursuant to the qualification,

the CE may declare the qualification to be inoperative in the jurisdiction and while such a declaration remains in force the person to whom it relates will not be regarded as the holder of a qualification equivalent to a boat operator's licence.

        (3)         On cancellation of a boat operator's licence (under this or any other section of this Act), the former holder of the boat operator's licence must return the boat operator's licence to the CE.

Maximum penalty: $750.